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Monthly Archives: December 2014

I want to congratulate and express my profound gratitude to sex workers and others across Canada for making any significant implementation of Bill C-36 unlikely. We have fought long and hard to expose the old laws as unfair, and they were finally invalidated.

It is obvious now that any significant attempts to enforce Bill C-36 will fail. Major police forces and premiers do not want to enforce the legislation. Any attempts at implementation will cause controversy and only speed the end of such attempts. The legal invalidation will follow in time.

I want in this message to give special thanks to some of those who have fought long and hard these last months. Val Scott, as always, has been at the forefront in every respect. Val will be seen in Canadian history as a major bringer of change. Amy Lebovitch, whose participation in the constitutional challenge was so critical, and who is now the Executive Director of the Sex Professionals of Canada, is owed the gratitude of the country. Nikki, former Executive Director of that organization, has in recent years devoted her amazing abilities and energy to the fight. I also want to mention some of those those who have been at the forefront these last months: Jean McDonald, Alice Klein, Alan Young, Katrina Pacey, Andrea Houston, Richard Elliott, Brenda Cossman. There are so many others.

I thank you all. My close supporters thank you. I know that the Canada of today and tomorrow have every reason to thank you. And I would like to think that the many who have fought the old laws in the past, and suffered from them, are adding their thanks too. Well done my friends.

Canada’s new anti-prostitution law came into effect this week, but it’s doubtful anyone involved with the so-called “oldest profession” much noticed.

Citing concerns over constitutionality, Ontario Premier Kathleen Wynne says her province will not rigorously pursue prosecutions under the new law, which among other things criminalizes advertising sexual services and soliciting near schools, parks and houses of worship.

“I am left with grave concern that the so-called Protection of Communities and Exploited Persons Act will protect neither ‘exploited persons’ nor ‘communities’,” said Premier Wynne.

British Columbia Premier Christy Clark expressed similar intentions in a meeting with the Globe’s editorial board this week when she said she supports the Vancouver Police Department’s decision not to make the law a priority.

Now come reports that the Montreal police service’s vice unit is in no particular hurry to enforce the law either. Like police in Vancouver, they will focus their efforts on sex worker safety.

So after Ottawa disregarded initial objections from many experts over its proposed bill, then ignored the possibility the legislation would swiftly be struck down in court, it is now confronted by the reality the law is unlikely to be enforced in the places where the sex trade does its briskest business.

Quite the trifecta.

When the Supreme Court invalidated the core provisions of this country’s out-dated prostitution law in late 2013, the government had an opportunity to address the human tragedies caused by prostitution.

Instead, we are left with a text devoid of authority.

This government has a history of selectively heeding advice on matters of criminal justice and policing, and the Globe’s reporting has also uncovered a worrying pattern of presenting sub-standard, error-ridden legislation to Parliament.

Evidence is mounting, then, of a surprisingly slipshod approach to what is claimed to be a core priority.

As a result, the government finds itself confronted by a vexing question that is entirely of its own making. When does a law cease being a law?

Today, Kathleen Wynne addressed the so-called “Protection of Communities and Exploited Persons Act” formerly known as Bill C-36. She claimed that she has “grave concerns” over the constitutionality of this act, and has asked the Attorney General of Ontario, Ms. Madeleine Meilleur, for an opinion on the constitutionality of the Conservative Government’s new law.

Sex workers have consistently maintained that this law puts us in great danger, and I applaud Kathleen Wynne for showing respect for the consitution, something Stephen Harper has consistently refused to do. I am confident that the Attorney General will recommend referring it to the Ontario Court of Appeal immediately.

In doing so, Kathleen Wynne can spare sex workers of this country the burden of time-consuming and costly legislation, and more importantly, will prevent sex workers from being targeted for violence and abuse while a constitutional challenge works its way through the courts. I am certain that the Supreme Court will see this “law” for what it truly is – an unconstitutional, partisan piece of nonsense that should never have been tabled in the first place.